Go4Rent Magazine: Renter Edition
Go4Rent publishes a bimonthly magazine for tenants intended to be informative, educational and enjoyable to read.
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According to Florida lawyer Sean Lopez with the Lopez Law Firm, it’s increasingly common for landlords to withhold large portions of the security deposit because of the strenuous and competitive nature of the rental over the last few years. That doesn’t mean it’s okay, though, Lopez said.
“The statutes are very clear,” said Lopez. “Normal wear and tear are accepted. That means to return the home in likewise or better condition from when you moved in, absent normal wear and tear. If you live in a home, you’re going to use it. Things will deteriorate just from living in the house. But that doesn’t mean a landlord can keep an abnormally large part of the security deposit.”
While some leases may specifically outline what they define as “normal wear and tear," ultimately, each state has a different definition of what is considered wear and tear from a legal perspective.
In Texas, the law is specific, with Section 92.104 defining it as “deterioration that results from the intended use of a dwelling.”
The Austin Tenants Council explains more specifically that things like nail holes in the walls from pictures or paintings are considered normal wear and tear, whereas “damage caused by negligence, carelessness, accidents, or abuse of the premises by the tenant or the tenant’s guests are not normal wear and tear.”
In Florida, the law doesn’t explicitly spell out what is defined as normal wear and tear, leaving it open for the landlord and tenant to interpret. If the lease doesn’t define normal wear and tear, then Florida common law will control how a dispute will be resolved, according to the Florida law firm of Sackrin & Tolchinsky.
From there, a Florida landlord has just 15 days to send back the entirety of the security deposit or 30 days to send back a portion or none of it, according to Florida Statute 83.49(3)(a). If a landlord decides to withhold it, there must be a written explanation. Once tenants receive that notice, they have 15 days to respond and explain why the withholding is unwarranted. If they miss that 15-day window, tenants may forfeit their ability to get the deposit back.
In Texas, the law states that a landlord must refund a security deposit or provide an explanation for withholding it to the tenant within 30 days of surrendering the premises. One important exception: For a landlord to be held responsible for returning the security deposit, a tenant must provide a written forwarding address before moving out, as outlined in Section 92.107.
To protect tenants from unnecessary security deposit withholdings, Lopez suggests two things:
- Take a video of the property on the move-out day
- Try to be present with the landlord during the final walk-through
Tenants should closely read their lease and have a signed, fully executed copy on hand. Landlords can outline in the lease agreement what nonrefundable charges might apply, such as pet fees, technician charges or even taxes.
"If a landlord is a decent landlord, they'll usually work with the tenant,” said Lopez. "However, if you get no response or the landlord disagrees, then you’re out of mediation options at that point.”
The first step in filing a small claims case in Texas and Florida is filing a petition or Statement of Claim with the court clerk. This includes submitting a filing fee ranging from $54 to $300, depending on the value of damages sought.
From there, the defendant will be notified of the case against them, and a pre-trial hearing will be scheduled. At the pre-trial hearing, a justice of the peace will determine if there is enough cause to move forward with mediation. If the parties can’t reach an agreement after mediation, the case may move to a trial.
While small claims court is designed for the layperson, according to Lopez, “If one party has an attorney, you should as well.”
Otherwise, tenants could be at a disadvantage—even if they’re only in small claims court.
Ultimately, Lopez says communication is key. To avoid surprise withholdings, reviewing the lease and understanding the specific rights outlined in the state law can help tenants understand their options regarding their security deposit.
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Know Legal Ramifications of Recording Tenant-Landlord Disputes
Whether it’s the tenant’s fault, the landlord’s fault or the calendar dates changing, there will come a time when tenants will have to contact property owners to make repairs. But what happens when a landlord refuses to do so and the tenant needs a record of their discussions?
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In the Event of an Emergency
Hurricane Ian and Hurricane Harvey were important reminders about the need to stay prepared for any type of emergency. Here’s how renters can try to keep themselves and their homes safe.
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Note from the Editor: Vol. 7R
I was oddly grateful to have programmed those cameras before this incident occurred. This verbal altercation was what led to the cover story idea, “Know Legal Ramifications of Recording Tenant-Landlord Disputes.” Although I wouldn’t let this dispute ruin the family gathering, I did contact legal counsel in the new year.
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Hard Freeze: How to Care for Plants in the Winter
Dealing with freezing temperatures isn't out of the question for those living in Texas and Florida. In fact, both states have seen unusually cold, and sometimes record-breaking, winters in recent years. Here’s how tenants can protect their homes and greenery when freezing weather strikes.
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Clean Pool, Happy Tenant
While a pool (or hot tub) can be an attractive rental amenity, it can also be an added burden due to maintenance and upkeep. The signed lease agreement should dictate a specific maintenance routine, but the tenant will frequently be responsible for caring for the pool or hot tub on the property.